Cheldon Waggoner v. Marlene Coffey , 645 F. App'x 557 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 23 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHELDON DEWAYNE WAGGONER, No. 15-16149
AKA Cheldon Waggoner, AKA Cheldon
D. Waggoner, D.C. No. 2:14-cv-02040-NVW-
MEA
Plaintiff - Appellant,
v. MEMORANDUM*
MARLENE COFFEY, Protective Custody
Administrator at Central Office,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Arizona state prisoner Cheldon Dewayne Waggoner appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
defendant violated his Eighth Amendment rights by denying his requests for
protective custody. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28
U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998)
(order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm.
The district court properly dismissed Waggoner’s action because Waggoner
failed to allege facts sufficient to show that defendant knew of Waggoner’s alleged
fear of an assault by other inmates. See Farmer v. Brennan, 511 U.S. 825, 837
(1994) (“[A] prison official cannot be found liable under the Eighth Amendment
. . . unless the official knows of and disregards an excessive risk to inmate . . .
safety[.]”); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010)
(although pro se pleadings are to be liberally construed, a plaintiff must present
factual allegations sufficient to state a plausible claim for relief).
AFFIRMED.
2 15-16149